Child Relocation For Military Families
5.24.21 | Military Family Law
How To Deal With A Relocation Request For Military Child Custody Cases In Las Vegas
This is another post from my series that discusses the way military service could potentially impact child custody and divorce cases in Las Vegas. In my previous post, I covered how a military person while deployed, is protected from any active legal actions. In this article, I will give more information on how a Court will decide whether a child can relocate outside Las Vegas when the civilian parent decides to move back to their home state or the military parent is transferred.
When it comes to a relocation case when the parents are sharing custody, it becomes necessary for one of the parents to request permission when moving a child or children out of a state. This applies to a military person that has received a request for a change of their current station (permanent), or when the civilian parent wants to move back to another state where they will be closer to family and friends. When the non-moving parent is not prepared to provide permission so that the child can move, the relocating parent would need to ask a court to permit them.
In these situations, the parent that is relocating would need to prove to the appropriate court that in their personal capacity they have adequate grounds to be given primary custody and that the relocation would serve the best interests of the child. The objecting or non-moving parent can then reply to the courts that it is not in the best interests of the child and that the custody should not be changed. The courts will make the decision on whether the child can move with the relocating parent or stay with the objecting parent.
Similar to other types of relocation cases, when it comes to military relocation cases, the courts take into account different factors that serve the best interests of the child. These usually include the education opportunities available to the child when moving to another area, if their quality-of-life will improve, whether they will have more access to family members, and so on.
The courts will also determine the relationship between the parents, and whether the moving parent is willing to foster and nurture the relationship that the child shares with the non-moving parent. They will also consider the relationship that the child has with each parent. For older children, a Judge often considers what the child actually wants.
When both or only one of the parents are active in the military, whereby one of the parents plans to move, the Judge might also consider other factors like who is going to look after the child when a military parent has primary custody and then they are deployed. If there aren’t any relatives that live near to where the military person is currently stationed, these are challenging obstacles that the military parent has to deal with.
When possible, both parents may want to work with their attorneys to come up with a compromise that will allow the parent in the military to spend time with their child, while still working around the employment opportunities of the civilian parent.
As a family law attorney in Las Vegas, I have worked with many military families. Contact me today should you have concerns or questions about child relocation out of Nevada.
Huggins Law Office
8683 West Sahara Avenue #180 Las Vegas, NV 89117